AB438,6,4 4(4) Defenses to the imposition of liability under this section include:
AB438,6,65 (a) That a report that the vehicle was stolen was given to a traffic officer before
6the violation occurred or within a reasonable time after the violation occurred.
AB438,6,137 (b) If the owner of the vehicle provides a traffic officer employed by the
8authority issuing the citation with the name and address of the person operating the
9vehicle or having the vehicle under his or her control at the time of the violation and
10sufficient information for the officer to determine that probable cause does not exist
11to believe that the owner of the vehicle was operating the vehicle or having the
12vehicle under his or her control at the time of the violation, then the owner of the
13vehicle shall not be liable under this section or under s. 346.94 (16).
AB438,6,1814 (c) If the vehicle is owned by a lessor of vehicles and at the time of the violation
15the vehicle was in the possession of a lessee, and the lessor provides a traffic officer
16employed by the authority issuing the citation with the information required under
17s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or
18under s. 346.94 (16).
AB438,7,219 (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but
20including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the
21violation the vehicle was being operated by or was under the control of any person
22on a trial run, and if the dealer provides a traffic officer employed by the authority
23issuing the citation with the name, address and operator's license number of the
24person operating the vehicle or having the vehicle under his or her control on a trial

1run, then that person, and not the dealer, shall be liable under this section or under
2the applicable provision of s. 346.94 (16).
AB438, s. 4 3Section 4. 346.95 (1) of the statutes is amended to read:
AB438,7,74 346.95 (1) Any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92
5or 346.94 (1), (9), (10), (11), (12), or (15) or (16) may be required to forfeit not less than
6$20 nor more than $40 for the first offense and not less than $50 nor more than $100
7for the 2nd or subsequent conviction within a year.
AB438, s. 5 8Section 5. 346.95 (5e) of the statutes is created to read:
AB438,7,119 346.95 (5e) Any person violating s. 346.94 (16) may be required to forfeit not
10less than $40 nor more than $80 for the first offense and not less than $100 nor more
11than $200 for the 2nd or subsequent conviction within a year.
AB438, s. 6 12Section 6. 346.95 (5g) of the statutes is created to read:
AB438,7,1813 346.95 (5g) A vehicle owner or other person found liable under s. 346.945 may
14be required to forfeit not less than $40 nor more than $80 for the first offense and not
15less than $100 nor more than $200 for the 2nd or subsequent conviction within a year.
16Imposition of liability under s. 346.945 shall not result in suspension or revocation
17of a person's operating license under s. 343.30, nor shall it result in demerit points
18being recorded on a person's driving record under s. 343.32 (2) (a).
AB438, s. 7 19Section 7. 347.38 (1) of the statutes is renumbered 347.38 (1) (a) and amended
20to read:
AB438,7,2421 347.38 (1) (a) No person shall operate a motor vehicle upon a highway unless
22such motor vehicle is equipped with a horn in good working order and capable of
23emitting sound audible under normal conditions from a distance of not less than 200
24feet, but.
AB438,8,3
1(b) Notwithstanding par. (a), no person shall at any time use a horn otherwise
2than as a reasonable warning or make any unnecessary or unreasonably loud or
3harsh sound by means of a horn or other warning device.
AB438, s. 8 4Section 8. 347.385 of the statutes is created to read:
AB438,8,7 5347.385 Vehicle owner's liability for horns and warning devices. (1) (a)
6The owner of a vehicle involved in a violation of s. 347.38 (1) (b) shall be presumed
7liable for the violation as provided in this section.
AB438,8,118 (b) Notwithstanding par. (a), no owner of a vehicle involved in a violation of s.
9347.38 (1) (b) may be convicted under this section if the person operating the vehicle
10or having the vehicle under his or her control at the time of the violation has been
11convicted for the violation under this section or under s. 347.38 (1) (b).
AB438,8,14 12(2) A traffic officer may proceed under sub. (3) instead of stopping, pursuing
13or issuing a citation to the person operating the vehicle or having the vehicle under
14his or her control at the time of a violation of s. 347.38 (1) (b).
AB438,8,23 15(3) (a) Within 72 hours after observing the violation or receiving information
16that provides a reasonable basis for the belief that a violation has been committed
17or that an investigation of a possible violation is warranted, the traffic officer shall
18investigate the violation and may prepare a uniform traffic citation under s. 345.11
19for the violation and, within 96 hours after observing the violation or receiving
20information that provides a reasonable basis for the belief that a violation has been
21committed or that an investigation of a possible violation is warranted, any traffic
22officer employed by the authority issuing the citation may personally serve it upon
23the owner of the vehicle.
AB438,9,724 (b) If with reasonable diligence the owner cannot be served under par. (a),
25service may be made by leaving a copy of the citation at the owner's usual place of

1abode within this state in the presence of a competent member of the family at least
214 years of age, who shall be informed of the contents thereof. Service under this
3paragraph may be made by any traffic officer employed by the authority issuing the
4citation and shall be performed within 96 hours after the violation was observed or
5the traffic officer received information that provided a reasonable basis for the belief
6that a violation had been committed or that an investigation of a possible violation
7was warranted.
AB438,9,148 (c) If with reasonable diligence the owner cannot be served under par. (a) or (b)
9or if the owner lives outside of the jurisdiction of the issuing authority, service may
10be made by certified mail addressed to the owner's last-known address. Service
11under this paragraph shall be performed by posting the certified mail within 96
12hours after the violation was observed or the traffic officer received information that
13provided a reasonable basis for the belief that a violation had been committed or that
14an investigation of a possible violation was warranted.
AB438,9,15 15(4) Defenses to the imposition of liability under this section include:
AB438,9,1716 (a) That a report that the vehicle was stolen was given to a traffic officer before
17the violation occurred or within a reasonable time after the violation occurred.
AB438,9,2418 (b) If the owner of the vehicle provides a traffic officer employed by the
19authority issuing the citation with the name and address of the person operating the
20vehicle or having the vehicle under his or her control at the time of the violation and
21sufficient information for the officer to determine that probable cause does not exist
22to believe that the owner of the vehicle was operating the vehicle or having the
23vehicle under his or her control at the time of the violation, then the owner of the
24vehicle shall not be liable under this section or under s. 347.38 (1) (b).
AB438,10,5
1(c) If the vehicle is owned by a lessor of vehicles and at the time of the violation
2the vehicle was in the possession of a lessee, and the lessor provides a traffic officer
3employed by the authority issuing the citation with the information required under
4s. 343.46 (3), then the lessee and not the lessor shall be liable under this section or
5under s. 347.38 (1) (b).
AB438,10,136 (d) If the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.) but
7including the persons specified in s. 340.01 (11) (a) to (d), and at the time of the
8violation the vehicle was being operated by or was under the control of any person
9on a trial run, and if the dealer provides a traffic officer employed by the authority
10issuing the citation with the name, address and operator's license number of the
11person operating the vehicle or having the vehicle under his or her control on a trial
12run, then that person, and not the dealer, shall be liable under this section or under
13s. 347.38 (1) (b).
AB438, s. 9 14Section 9. 347.50 (1g) of the statutes is created to read:
AB438,10,1915 347.50 (1g) A vehicle owner or other person found liable under s. 347.385 may
16be required to forfeit not less than $10 nor more than $200. Imposition of liability
17under s. 347.385 shall not result in suspension or revocation of a person's operating
18license under s. 343.30, nor shall it result in demerit points being recorded on a
19person's driving record under s. 343.32 (2) (a).
AB438, s. 10 20Section 10. Initial applicability.
AB438,10,24 21(1)  This act first applies to violations committed on the effective date of this
22subsection, but does not preclude the counting of other violations as prior violations
23for sentencing a person, impounding or seizing a sound-producing device or for
24suspending or revoking a person's operating privilege.
AB438,10,2525 (End)
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